Freedom of Expression

Policy Number: 4.1.9
Effective Date: May 7, 2024
Revision History: March 14, 2023; February 27, 2024 (minor change); May 1, 2017; February 28, 2017; May 26, 2016; June 4, 2015; May 28, 2013; May 12, 2012
Policy Contact: Associate Provost for Student Affairs

I. Purpose and Policy Statement

Georgia Gwinnett College (“GGC”) recognizes and upholds the rights protected by the First Amendment, including the rights of free speech and free expression, and the right to assemble peaceably. GGC also recognizes its responsibility to provide a secure learning environment that promotes the health, safety, and welfare of the College Community (as defined below) and allows members of the College Community to express their views in ways that do not disrupt the operation of the College. Members of the College Community are free to express their views, individually or in organized groups, on any topic, in all unrestricted outdoor areas of the GGC campus. Persons not affiliated with GGC are free to similarly express their views on any topic in the designated Public Forum Areas, as defined below. These expressions are subject to reasonable time, place, and manner restrictions as are necessary to promote campus safety, to ensure the proper functioning of the academic environment and institution activities, or to further other significant institutional interests. By placing reasonable limitations on time, place, and manner of speech, GGC does not take a position on the content or viewpoint of the expression, but allows for a diversity of viewpoints to be expressed. This policy does not restrict expressive activity by members of the College Community to the designated Public Forum Areas nor does it apply to College-sponsored activities or areas of campus that are not publicly accessible, such as classrooms, auditoriums, or athletic venues. However, individuals may not engage in conduct that materially and substantially disrupts another’s expressive activity that is occurring in an unrestricted outdoor area of campus or a campus space reserved for that activity under the exclusive use or control of a particular group.

The opinions expressed by organizations, groups or individuals using GGC facilities do not necessarily reflect the position of GGC. The College affirms its commitment to freedom of speech, assembly, and expression even though the language or ideas of those seeking a venue for free expression may contradict the College’s ideals and policies or the personal views of GGC employees and students.

II. Scope

This policy applies to all members of the College Community and to all visitors to the GGC campus who are not members of the College Community.

III. Definitions

College Community: For purposes of this policy, the College Community means GGC students, faculty, staff, and their invited guests.

Expressive Activity or Expression: Communicative conduct or activity protected by the First Amendment, such as lawful, verbal, written, audio-visual or electronic expression by which individuals may communicate ideas to one another, including all forms of peaceful assembly, distributing literature, carrying signs, circulating petitions, demonstrations, protests, and speeches including those by guest speakers, marches, picketing, and the distribution of literature, as well as other forms of symbolic expressive activity, including banners; however, expressive activity does not include ordinary, day-to-day conversations among members of the campus community or commercial speech/activity.

Materially and Substantially Disrupt: When a person intentionally engages in conduct or expressive activity which the person knew or reasonably should have known would significantly hinder another person’s or group’s expressive activity, prevent the communication of the person’s or group’s message, or prevent the transaction of the business of a lawful meeting, gathering or procession by:

Engaging in fighting, violent, or other unlawful behavior; or
Physically blocking, using threats of violence, or creating loud or sustained noise or vocalization intended to prevent any person from attending, listening to, viewing, or otherwise participating in an expressive activity.

This does not include minor, brief, or fleeting nonviolent disruptions of events that are isolated and short in duration.

Unrestricted Outdoor Areas of Campus: Any outdoor areas of campus that are generally accessible to members of the College Community, including, but not limited to, grassy areas, plazas, seating areas, or other common areas, and does not include outdoor areas that are intended for specific uses or require special maintenance, nor does it include outdoor areas when and where access to members of the College Community is lawfully restricted. Restricted outdoor areas include, but are not limited to, Intercollegiate Athletics facilities, and residence hall courtyards and patios.

IV. Expressive Activity on the GGC Campus

Members of the College Community: Members of the College Community who plan to engage in expressive activity on campus may utilize all unrestricted outdoor areas of GGC as Public Forums Areas and reservations are not required. GGC recommends that College Community members engaging in planned expressive activity submit a formal reservation request to the Office of Student Integrity prior to the scheduled activity. Prior notice is requested to ensure that there are no scheduling conflicts and all interested users can be accommodated, that necessary College resources are existing for crowd control and security, and that the academic and other operations of the College are not disrupted. However, please note, reservations are not required. GGC reserves the right to direct individuals and/or groups to another available area of campus to ensure the safety of College Community members, to provide proper crowd control, and/or to limit disruption of the academic and other operations of GGC. GGC will not consider or impose restrictions based on the content or viewpoint of the expression when relocating or redirecting any expression.
Persons Who Are Not Members of the College Community: Individuals or groups of persons who are not members of the College Community may only engage in expressive activity on GGC’s campus in the designated Public Forum Areas after submitting a completed reservation request to the Office of Student Integrity at least two college business days prior to the scheduled expression and receiving approval in writing from a Student Affairs official pursuant to the procedures set forth in Section VI below. Organizers are encouraged to submit their requests as early in the planning stages of the event as possible. Reservations are required to ensure availability of space and for the safety of the campus and individuals who will be participating in the expressive activity. This provision does not apply to classroom instruction or College-sponsored events.

V. Designation of Public Forums on GGC’s Campus for Outside Individuals or Groups

To better facilitate the free exchange of ideas, GGC has designated ZONE A and ZONE B as public forums on GGC’s campus (“Public Forum Area(s)”), which are depicted on the enclosed map. These Public Forum Areas are generally available from 9:00 a.m. to 7:30 p.m. Monday through Friday, provided that the Public Forum Areas have not previously been reserved.
Though reservations to use the Public Forum Areas are only required as set forth in this policy, GGC recommends that all parties interested in utilizing the Public Forum Areas submit a completed Forum Reservation Request Form to GGC’s Office of Student Integrity in the Division of Academic and Student Affairs prior to use so that GGC may minimize scheduling conflicts, accommodate all interested users, and provide adequate security for the speaker and the audience.

VI. Reservations

Submitting a Reservation.
1. Completed Forum Reservation Request Forms should be submitted to GGC’s Office of Student Integrity in the Division of Academic and Student Affairs in person or by email to studentintegrity@ggc.edu. Any written materials that will be distributed in connection with the expression must be attached to the Forum Reservation Request Form and submitted to GGC’s Office of Student Integrity in the Division of Academic and Student Affairs at least two college business days prior to the distribution of the written materials. College officials may not deny any request to distribute written materials based on the content or viewpoint of the expression. Reservations will only be processed on days that GGC’s Administrative Offices are open for business (“College business days”). No publicity for a speaker or program may be released prior to authorization of the Reservation Request Form.
2. Reservation scheduling will be coordinated by a Student Affairs official, who will schedule forums for expression on a first-come, first-served basis. The Student Affairs official must respond to all requests in writing as soon as practicable, but in no event more than one College business day following receipt of the request, either authorizing the reservation and noting any special instructions, if applicable, or setting forth the reason for denial of the reservation. The Public Forum Area is not reserved until the requestor receives a confirmation from the Student Affairs official.
Denial of Reservation.
1. The Student Affairs official may only deny a reservation request for one of the following reasons:
  1. The Forum Reservation Request Form is not fully completed;
  2. The Forum Reservation Request Form contains a material falsehood or misrepresentation;
  3. The Public Forum Areas have been reserved by persons who previously submitted a completed Forum Reservation Request Form(s), in which case the College will work to provide a reservation for the applicant at an alternate location, alternate date, or alternate time;
  4. The use or activity intended by the applicant would conflict with or disturb previously planned programs organized and conducted by the College;
  5. The Public Forum Areas are not large enough to accommodate the expected or actual number of persons engaging in large group expression, in which case the College will work to provide a reservation for the applicant at an alternate location that can safely accommodate the applicant provided that the applicant is a member of the College Community and that such a location exists on GGC’s campus;
  6. The use or activity intended by the applicant would present a danger to the health or safety of the applicant, other members of the College Community, or the public; or
  7. The use or activity intended by the applicant is prohibited by law, Board of Regents’ policy, or GGC policy.
2. When assessing a reservation request, the Student Affairs official must not consider or impose restrictions based on the content or viewpoint of the expression, including the possible reaction to the content or viewpoint anticipated to be expressed during the event.
Appeals. Any denial of a reservation request in whole or in part may be appealed to GGC’s Associate Provost for Student Affairs in a writing setting forth the reasons why the appeal should be granted. The Associate Provost for Student Affairs (or designee) must decide all appeals within one College business day. The decision of the Associate Provost for Student Affairs (or designee) is final.
All campus reservations are subject to the general provisions below.

VII. General Provisions

In addition to the requirements set forth above, all individuals participating in expressive activity on GGC’s campus must comply with the following guidelines and provisions:
1. Promotion of Safety and Welfare. No interference with the free flow of vehicular or pedestrian traffic within and/or under the control of the GGC campus or the ingress and egress to buildings on campus is permitted. Expressive activity may not block the rights of other individuals to freely move around the campus. There must be no obstructions to and from buildings, no interference with other authorized and scheduled College activities, no impediments of passersby, or any disruptions of normal activities of the College. Safety and welfare also include concerns related to hazards, criminal behavior and unsanitary or unhealthy conditions. GGC Public Safety will make safety and welfare determinations based on a content and viewpoint neutral basis and may consult with the General Counsel or designee as needed. Events may not present a threat to public safety as determined by GGC Public Safety or another College official.
2. Sound Amplification. Noise levels must be at a reasonable level so as not to impede instructional activities, administrative functions, or student and employee services. Use of items that are intended to amplify sounds, such as bullhorns, megaphones, microphones, speakers, audio enhancement devices, vocally amplified sound or other noise making instruments, should not be used unless approved in advance in writing by the Associate Provost of Student Affairs or designee. Upon receiving this request, the Associate Provost of Student Affairs or designee may consult with the Registrar’s Office and other departments on campus to assess potential impacts of the anticipated noise levels. Any use of pre-approved amplified sound, other than amplified sound used in connection with College-sponsored events, must only be intended to be heard in the immediate area of the expressive activity in order to minimize any disruption of the central academic mission of the College. Use of amplified sound by student organizations is covered by the Outside Amplified Sound Provision of the Registered Student Organization Policy and Procedures Manual.
3. College Equipment. Georgia Gwinnett College equipment will not be available for expressive activities, including assemblies, demonstrations, or protest activities.
4. Respect for Other’s Expressive Rights. Expressive activities may not take place in a location that has already been reserved for another activity or event by an individual or organization. Protests in response to a speaker or event on campus are allowed, but such protests must not disrupt the speaker’s ability to communicate or the ability of others to hear the speaker. Protesters may not use physical force or intimidation to prevent others from expressing their views. Similarly, banners, posters, placards and/or other signage may not interfere with the ability of others to observe or view the expressive activity. Open flame devices and bonfires are prohibited. Items may not be affixed to permanent structures.
5. Prohibition of Disruption. Expressive activities that substantially disrupt the function of GGC or interfere with the rights of others will not be allowed. Disruption includes, but is not limited to, blocking entrances or exits to buildings, interfering with classes, and preventing others from carrying out their normal activities on campus. No interruption of the orderly conduct of college classes or other college activities is permitted.
6. GGC Functions and Operations. Interruption of GGC’s instructional, educational, research, administrative, and other official functions and operations, including GGC ceremonies and events, is prohibited.
7. Camping or Temporary Structures. Expressive activities that involve the use of temporary shelters (e.g., tent, boxes, etc.) or overnight activities are prohibited on GGC property unless prior written approval has been provided. This includes but is not limited to camping. Individuals who are not members of the GGC College Community may not camp or erect temporary structures (e.g. tents) on GGC’s campus.
8. Commercial activities. No commercial solicitations, campus sales, or fundraising activities shall be undertaken which are not authorized by GGC. For GGC’s policies on solicitation and fundraising, refer to APM 7.61 and APM 8.2.54.
9. Personal Responsibility. The individuals or groups engaging in expression are required to remove signs, placards, litter, and all other materials when the approved activity period ends.
10. Respect for Property. Any activity that results in damage or destruction of property owned or operated by the College or property belonging to students, faculty, staff, or guests of the College is prohibited. Persons or organizations causing such damage may be held financially and/or criminally responsible; additionally, students may be subject to discipline in accordance with the Student Code of Conduct.
11. Compliance with Applicable Laws and Policies. Individuals and groups of individuals expressing themselves on GGC’s campus must comply with all applicable federal, state, and local laws; Board of Regents’ policies; and GGC policies, rules, and regulations.
Authorization of a speech, event, or demonstration is contingent upon compliance with the criteria listed above. The College reserves the right to refuse to permit individuals or groups to assemble, demonstrate, protest, or otherwise express themselves in the designated Public Forum Areas if the individual or group refuses to abide by these administrative procedures and guidelines. Speakers or organizations failing to comply with the above policy may be asked to leave, a trespass warning may be issued, and/or College disciplinary action or judicial action may be pursued.

VIII. Freedom of Expression Policy Questions

Questions about this policy may be addressed to the Office of Student Integrity in the Division of Academic and Student Affairs at 678.407.5661 or studentintegrity@ggc.edu.

IX. Related Regulations, Statues, Policies, and Procedures

Board of Regents Policy Manual 6.5 Freedom of Expression
GGC Campus Map Public Forum Areas